1. Home
  2. Browse Decisions
  3. F.3d
  4. 528 F.3d
  5. 528 F.3d 823 (2008)
 

GANDARA v. BENNETT

No. 06-16088.

528 F.3d 823 (2008)

Hector GANDARA, a.k.a. Hector Gandarasegredo, Plaintiff-Appellant, v. Sheriff Wayne BENNETT, Glynn County, Doe, unknown investigator, Glynn County Sheriff Office, Gary Moore, Glynn County District Attorney, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 22, 2008.

Attorney(s) appearing for the Case

Leon Fresco (Court-Appointed), Holland & Knight, LLP, Miami, FL, for Plaintiff-Appellant.

Terry Lee Readdick, Steven G. Blackerby, Brown, Readdick, Bumgartner, Carter, Strickland & Watkins, LLP, Aaron W. Mumford, Brunswick, GA, for Defendants-Appellees.

Sharon Swingle, Robert M. Loeb, Douglas N. Letter, U.S. Dept. of Justice, Civ. Div., App. Section, Washington, DC, for Amicus Curiae, Dept. of Justice.

Before BIRCH and FAY, Circuit Judges, and RODGERS, District Judge.

FAY, Circuit Judge:

The question presented in this matter is whether a foreigner who has been arrested and detained in this country and alleges a violation of the consular notification provisions of the Vienna Convention on Consular Relations (the "Treaty") can maintain an action under 42 U.S.C. § 1983. The answer to this question hinges on whether or not individual rights are bestowed by the Treaty. Although we find the issue a close one with strong arguments...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases